disputes, in question.
19. Referring to Sub-section (5) of Section 12 of
the Arbitration Act, 1996, Mr. Shahi, learned Senior Counsel,
further submits that ... else, all the arbitration proceedings, pending
on 23.10.2015, when Sub-section (5) of Section 12 of the
Arbitration and Conciliation Act, 1996, came into force
that in view of the amendment effected in Section 12 of
the Arbitration and Conciliation Act, 1996 only independent
person can be appointed ... amended provision of Section 12 of the Arbitration and
Conciliation Act, as the Facilitation Council will not be treated to
be an independent person
inconsistencies
between the provisions of the Arbitration Act, 1996 , and the
BPWCDAT Act, 2008, inasmuch as Section 12(5) of the
Arbitration Act ... repealed Act, i.e., Arbitration Act, 1940 , or the Arbitration
and Conciliation Act, 1996 . It was held that in view of Section
12/129
(vi) The impugned award is against the provisions of the
Act, 1996.
(vii) The learned Sole Arbitrator was though appointed to
consider ... being in violation of
the mandatory provisions contained under Section 34 (5) of the
Act, 1996, as no prior notice was issued to the claimant
amendment to the Arbitration
and Conciliation Act, 1996 in 2015, rendered the
arbitration clause illegal, after insertion of Section 12(5)
and Schedule VII. These ... Disputes and
Arbitration) of the General Conditions of Contract is in
conflict with Section 12 of the Arbitration and
Conciliation Act, 1996, and is therefore
said arbitration agreement
is not workable in view of the provision under Section 12(5) of the
Arbitration and Conciliation Act, 1996, read with ... rendered on an application under Section 11(6) read
with Section 11(12)(a) of the Arbitration and Conciliation Act,
which had arisen
arbitration clause is still effective, that the dispute about the payment of compensation is a matter within the scope of the arbitration agreement, that ... suit instituted by the pltf. should be -stayed under Section 34 , Arbitration Act.
12. I should allow the appeal with costs. Hearing fee ten gold
such objection under Section 12 of the Arbitration and
Conciliation Act, 1996 (for short, "the Arbitration Act "). The Council
recorded that conciliation ... arbitration was in pursuance of an arbitration
agreement referred to in sub-section (1) of section 7 of
that Act.
(4) Notwithstanding anything contained
arbitration only if
there is an arbitration agreement between the parties. The Act
makes it clear that an arbitrator can be appointed under the Act ... raise the challenge under Section 34
of the Act. Dismissal of an application under Section 16 of the Act
cannot be interfered with in exercise
mandate of Section 34(3) of Arbitration and
Conciliation Act, 1996, this Miscellaneous
(Arbitration) case being time barred, stands
dismissed.
12. By that time ... Section 34 of
the Arbitration Act, the applicability of
Section 5 of the Limitation Act to the petition
under Section 34 of the Arbitration Act
